The USPTO’s Artificial Intelligence Strategy

With artificial intelligence (“AI”) here to stay, the United States Patent and Trademark Office (“USPTO”) published its Artificial Intelligence Strategy (the “Strategy”) on January 14. In the Strategy, the USPTO outlines how it intends to address challenges associated with AI in connection with its intellectual property (“IP”) policies, agency operations, and the innovation ecosystem.

In particular, the USPTO intends to focus on the following:

1. Advance the development of IP policies that promote inclusive AI innovation and creativity.
2. Build best-in-class AI capabilities by investing in computational infrastructure, data resources, and business-driven product development.
3. Promote the responsible use of AI within the USPTO and across the broader innovation ecosystem.
4. Develop AI expertise within the USPTO’s workforce.
5. Collaborate with other U.S. government agencies, international partners, and the public on shared AI priorities.

The USPTO lists the Strategy as its first major effort in describing the challenges accompanying AI and the goals it has in navigating the full potential of AI. Along with the Department of Commerce, and the Federal Government, the USPTO intends to implement the Strategy to stay ahead of AI and other technological advancements. Along with this effort, the USPTO has been implementing AI in its offices and intends to continue investing in and researching AI.

The Strategy appears to be the latest IP response to AI, but it isn’t the first initiative to be released by IP regulators relating to AI. The AI and Emerging Technology Partnership was formed in 2022 by the USPTO and throughout the years we have witnessed the development of other IP related guidance provided by the USPTO and the Copyright Office. As the Strategy is likely to lead to updated guidance, we will continue to monitor for significant updates.